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Form a Business

Off-Airport Rental Car Businesses

El Paso City Code tit. 14, ch. 14.16, art. III
in effect

El Paso City Code § 14.16.300 Definitions.

14.16.300 - Definitions. As used in this title: "Gross receipts" means all moneys or other consideration paid or payable to an off-airport rental car business, whether for cash or credit and without any deduction for credit card discounts and whether the same shall be paid or unpaid. "Gross receipts" shall include the following: Net time and mileage charges by the business for the rental of automobiles, or any other vehicles, regardless of the ownership, area, fleet or location assignment of said automobiles or vehicles and regardless of where said automobile or vehicle is returned. When a vehicle originally rented to a customer by the business is exchanged for another vehicle at another location of the business, as part of the same or continuous transaction, the transaction shall be considered includable in gross receipts; and charges to customers for supplies, merchandise or services. Excluded from "gross receipts" are the following: One-way drop-off charges; and amounts of any sales or similar taxes imposed by federal, state, county or City laws which are separately stated to and paid by the business, whether currently levied or hereinafter levied or imposed, and directly payable to the taxing authority by the business. No deduction shall be allowed from gross receipts for the payment of franchise taxes or taxes levied on the activities, facilities, equipment or property of the business, either real or personal; and sums received from the sale of used vehicles from the fleet of the business; and amounts of gratuities paid or given by customers to the employees of the business; and sums paid by customers to the business for its elimination of customer's liability to the business for damages to the rental vehicle, provided that said sum is separately stated to and paid by the customer (the aforementioned being commonly referred to as collision damage waiver (CDW) charge or loss damage waiver (LDW) charge); and sums received from customers or insurance carriers for the damage, loss or conversion of the vehicles of the business; provided, however, that any sums received representing reimbursements to the business in lieu of rentals for said vehicle shall not be so excluded; and sums received from the sale of Mexico trip insurance; and sums paid by customers to the business which represent an amount the customer is obligated to pay when the customer does not return the vehicle with the required amount of fuel. Said sum to be excluded must be separately stated to and paid by the customer; the fuel for which the customer may be charged shall be of the grade recommended for use in said vehicle by the manufacturer; and the charges for said fuel shall be at the prevailing rate charged by the business at its other locations; and sums received from transactions in which a customer places a reservation with the business for a vehicle where delivery is to occur outside the city limits of the city; and sums received from the leasing of any one vehicle to any one person or entity for a term of six consecutive months or more. "Off-airport rental car business(es)" means a business or person which is engaged in the commercial activity of renting vehicles to the public for compensation and which does not have an in-terminal vehicle rental concession agreement with the city. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.301 Permit required—Procedures.

14.16.301 - Permit required—Procedures. A. Any person conducting an off-airport rental car business desiring access to the airport for the purpose of conducting such rental car business operation, shall first obtain from the city, through its director or designee, an off-airport rental car business permit, prior to conducting any such business on airport property. A copy of the application form for such permit shall be available in the administrative offices, El Paso International Airport. B. An off-airport rental car business permit shall not permit such business to rent motor vehicles on airport property, to have an office or station on airport property for the rental of vehicles, to park rental cars on airport property, or to operate rental cars on airport property; and all of these actions and activities are expressly prohibited, unless specifically authorized in writing by the director. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.302 Courtesy service pickup.

14.16.302 - Courtesy service pickup. All off-airport rental car businesses required to operate under a permit, as provided in this chapter, shall, while on the airport, pick up and discharge passengers or baggage only in a courtesy vehicle zone designated by the director or designee. Courtesy vehicles shall occupy said zone only for active loading and unloading, as established by the director or designee. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.303 Service limited.

14.16.303 - Service limited. Off-airport rental car businesses are permitted to utilize the airport facilities and provide service to persons at the airport only through operation of a courtesy vehicle system. Transportation onto airport property of rental cars by off-airport rental car businesses will be permitted only if specifically authorized in writing by the director. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.304 Permit, charges and reporting requirements.

14.16.304 - Permit, charges and reporting requirements. There are established the following charges and requirements for off-airport rental car businesses: A. An annual permit shall be a prerequisite to operation of an off-airport rental car business at the airport. City council may establish a fee for off-airport rental car business permit in the city's annual budget resolution. B. In addition to the permit required by subsection A of this section, permittee shall pay the city a monthly charge, as defined in this chapter, derived during each month from rentals to customers picked up from the airport by off-airport rental car businesses during the month, such charge to be for the privilege of use of the airport. The charge shall be payable, not later than the twentieth day of each month, for the preceding month's receipts. The permittee shall furnish to the director of aviation or authorized designee, not later than thirty days following the end of the permit year, a report, properly certified by a certified public accountant, showing the month-to-month gross receipts derived from providing off-airport rental car services to passengers of the airport. In addition, authorized representatives of the city may, at all reasonable times and places within the city, examine or audit the permittee's books and accounts to verify that the correct monthly charges have been paid, or to require the permittee to furnish written proof of all gross receipts derived from airport-related car rental service during any month. The city retains at all times the right to require an independent audit, and if such audit shows permittee has underreported its gross receipts by two percent or more, permittee shall be responsible for paying the difference between the audited figures and what was reported by permittee, as well as the full cost of the audit. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.305 Nontransferability.

14.16.305 - Nontransferability. The off-airport rental car business permit shall not be transferable. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.306 Amendment of permit.

14.16.306 - Amendment of permit. An annual permit is amendable at any time by the director or designee. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.307 Issuance and denial of permit.

14.16.307 - Issuance and denial of permit. A. Within a reasonable time after submission of the application, the director or designee shall approve or deny issuance of an off-airport rental car business permit. Upon approval of an application for an annual permit by the director or designee, the director or designee shall, within a reasonable time thereafter, issue the annual permit and incorporate therein such conditions as he deems necessary. The holder shall then be authorized to operate the off-airport rental car business upon the conditions of this chapter and the permit, as may be amended. B. The director or designee may deny issuance of an off-airport rental car business permit for good cause, which includes a finding that: 1. The applicant has failed to comply with the requirements of this Chapter or permit application; 2. The applicant has, on more than one occasion, violated the provisions of Section 14.16.160(B); or 3. The applicant has failed to provide or materially altered or omitted pertinent information in any governmental record, including an application for a permit or permit renewal; or 4. The applicant has been finally convicted of a criminal violation of any local, state or federal law, which directly relates to the duties and responsibilities of providing an off-airport car rental business or which would indicate a lack of fitness of the applicant to provide this service at the airport. C. If the director or authorized designee denies the issuance of a permit, he shall notify the rejected applicant pursuant to the notification procedure set forth in Section 14.16.310. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.308 Renewal of permit.

14.16.308 - Renewal of permit. To obtain renewal of an annual permit, a holder shall file with the director, at least forty-five days prior to the expiration date of the annual permit, a written, sworn application for permit renewal. City council may establish a permit renewal fee in the city's annual budget resolution. Upon payment of the permit renewal fee, if any is established, the annual permit will then be renewed, subject to approval of the application by the director, unless the director determines that good cause exists for the permit renewal to be denied. For purposes of this provision "good cause" includes the items described in Section 14.16.307 above and Section 14.16.309 below. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.309 Revocation or suspension of permit.

14.16.309 - Revocation or suspension of permit. A. The director may revoke or suspend a permit, if he determines that a permit holder: 1. Has been finally convicted of a criminal violation of any state or federal law, which directly relates to the duties and responsibilities of providing an off-airport car rental business and which would indicate a lack of fitness of the applicant to provide this service at the airport; or 2. Has falsified or materially altered or omitted pertinent information in any governmental record, including an application for a permit or permit renewal; or 3. Has failed to comply with the provisions of this chapter, including the payment of the gross receipts charge, or any provision of this Code related to the conduct of rental car businesses, including any provisions pertaining to the regulation of driverless vehicles; or 4. Has failed to comply with the provisions of a permit or written agreement required by this chapter; or 5. Has failed to allow examination or audit of records required by this chapter and which are necessary to determine compliance with the provisions of this chapter, or to furnish to the airport written proof, as required by Section 14.16.304(B); or 6. Has operated the business on airport property while on suspension for a violation of this chapter. B. The director or designee may, after compliance with the procedures set out in Section 14.16.310, regarding notice, and Section 14.16.312, regarding hearings, revoke or suspend a permit for one or more of the causes enumerated in subsections A.1 through A.6 of this section; or, if the permit holder has engaged in misconduct or any improper or wrongful behavior of a substantial nature, which is dangerous to the safety and welfare of the public, and if such misconduct or wrongful behavior directly relates to the capacity of the permit holder to provide adequate and safe services to the public or of the airport to effectively regulate its operations. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.310 Notice.

14.16.310 - Notice. If the director, or designee, denies an application for a permit, fails to approve renewal of a permit, or suspends or revokes a permit, he shall provide notice of his decision to the applicant or permit holder, within ten days of the action. Notice shall be in writing, by certified mail, return receipt requested, or by hand delivery, to the applicant or permit holder. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.311 Emergency suspension.

14.16.311 - Emergency suspension. Notwithstanding any of the procedures set out in this chapter, the director or designee may immediately and without notice: A. Suspend a permit at any time that insurance, or proof of self-insurance, if self-insurance is permitted by state law, required under this chapter lapses, terminates or is otherwise not in force. Such suspension shall remain in effect until satisfactory evidence is presented to the director or designee that the required insurance coverage is again in force or effect; B. Suspend a permit at any time that the transportation for hire operating authority (THOA) expires or is renewed in time; or C. Suspend, pending notification and a hearing, a particular vehicle from operating on airport property, in any situation in which the vehicle is in such condition as to pose an immediate threat to the health or safety of any person riding in said vehicle or any person using the airport. The suspension shall remain in effect until the unsafe or unhealthy condition has been corrected to the reasonable satisfaction of the director or designee. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.312 Hearing.

14.16.312 - Hearing. Any applicant or permit holder which receives notice pursuant to Section 14.16.310 or Section 14.16.311 of this chapter and wishes a hearing before the director or designee for reconsideration of his decision, shall forward a written request to the director or designee within ten days of notification of a decision adverse to the applicant or holder. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.313 Appeals.

14.16.313 - Appeals. Any applicant or permit holder may appeal the denial, suspension, or revocation of a permit after a hearing with the director of designee under this Article III, to the city manager as provided in this section. 1. Within ten business days of a hearing for reconsideration of a denial, suspension, or revocation under Section 14.16.312 above, the director, or designee, shall prepare a report indicating the reasons for the denial, suspension, or revocation and shall provide a copy to the applicant or permit holder. The director or designee's decision is final unless within ten business days from the date of receiving such report, the applicant or permit holder files with the city clerks a written appeal to the city manager specifying the reasons for the appeal. Said appeal shall also include a written rebuttal to the director's report. 2. The city manager or designee shall review the report and the appellant's rebuttal. The city manager or designee may allow the appellant to make an oral presentation or submit additional rebuttal. The city manager or designee shall make a ruling on the appeal within a reasonable period of time after the appeal has been filed. 3. The city manager or designee shall sustain, reverse or modify the action of the director or designee and shall notify the appellant of the decision in writing. The decision of the city manager or designee is final. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.16.314 Violation—Penalty.

14.16.314 - Violation—Penalty. A. A person commits an offense hereunder, if he: 1. Operates an off-airport car rental business or courtesy vehicle of such business at the airport without a permit; or 2. Forges, alters or counterfeits an off-airport rental car business permit; or 3. Possesses a forged, altered or counterfeit off-airport rental car business permit. B. Any person committing an offense under this subsection shall be deemed guilty of a misdemeanor and punished as provided in Sections 1.08.010 through 1.08.030 of this Code. C. Prosecution for an offense under this chapter does not prevent the use of other enforcement remedies or procedures, including injunctive relief, applicable to the person charged with the conduct involved in the offense. D. If any provision of this chapter is held insufficient as the basis of criminal prosecution, as provided for herein, the same shall nevertheless be a ground for denial of an application, denial of renewal of a permit, or revocation or suspension of any license, permit or privilege issued under this chapter. (Ord. No. 19007, § 1, 12-17-2019)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT14AIAI_CH14.16AIUSRE_ARTIIIORPRECABUFetched: 10/28/2026

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